Robert Alexander Hertel, 30, is scheduled to be tried Sept. 7, according to court records.

Hertel faces one count of murder and one of second-degree assault. The other two cases he is charged with are third-degree burglary.

He is accused of killing Jesse Cross and wounding his brother, Rick Cross. The two men were shot Feb. 3 outside a home in Elberta.

According to a prosecution motion, all of the charges stem from the same activity by Hertel.

Defense lawyer John Beck disagreed with the state's claim.

Chief Assistant District Attorney Michael Pylant said Hertel burglarized Rick Cross' home on the morning and afternoon of Feb 3. When Hertel returned that night, the brothers confronted him and were shot.

Beck said the victims ambushed Hertel after a witness to one of the break-ins told them that the defendant was one of the burglars. The Cross brothers called Hertel demanding return of property taken.

Beck said Monday that his client shot the victims, but that the action was in self- defense.

Hertel had been released on bail, but that was revoked in March when he was accused of threatening Rick Cross.

A second man, John Chadwick Brown, 23, of Lillian, was also charged with third-degree burglary for his alleged role in one of the burglaries. He is also scheduled for jury trial Sept. 7 in Floyd's court.